Also known as: rights to use
Written by attorneys · grounded in primary & secondary sources — see below
A legal entitlement permitting the holder to utilize or enjoy property, goods, or resources in a particular manner without interference from others.
Roberto Reyes purchased industrial machinery from a supplier for his manufacturing plant. The machines contained embedded control software that the supplier claimed could not be used after a firmware update. Reyes continued operating the equipment using the original program. The court held that Reyes held the right to use the program because he had acquired ownership of the goods containing it.
Rosa Ruiz lived with her grandchildren in a single-family home zoned for one household. City inspectors cited her for violating an ordinance limiting occupancy to nuclear families. Ruiz argued the rule interfered with her established living arrangement. The court recognized her right to use the property for extended family members as a protected interest.
Select any source to read its text and confirm it supports the definition.
Rowan Russell, a terminally ill patient, sought medication from his doctor to end his suffering. State law prohibited such prescriptions. Russell challenged the ban as infringing his liberty interest. The court examined whether the right to use medical assistance in dying qualified as a fundamental liberty.
Rhea Reynolds and her husband received counseling from a clinic on birth control methods. State law criminalized providing such information to married couples. Reynolds asserted the statute violated her personal autonomy. The court upheld her right to use contraceptives within the marital relationship.
Ryan Roberts purchased beachfront lots intending to build homes. New state regulations barred all construction to protect dunes. Roberts claimed the rules eliminated any viable use of his land. The court assessed whether the restrictions left him with any right to use the property for its intended purpose.
Ruby Rivera owned land near a major avenue that the village rezoned from industrial to residential use. The change sharply reduced the land's market value. Rivera contended the ordinance destroyed her ability to develop the parcel productively. The court evaluated whether the zoning left any reasonable right to use the property.
The right to use attaches when a person becomes the owner of goods that contain an embedded computer program customarily treated as part of those goods. Ownership of the goods automatically carries the right to use the associated program. This rule prevents separation of the program from the tangible item in which it is embedded.
Supporting sources
A recorded easement may be extinguished by abandonment shown through conduct and statements indicating intentional relinquishment. Explicit assurances combined with years of non-use and reliance by the servient owner can support estoppel. The recording alone does not always preserve the right when the dominant owner has clearly signaled permanent surrender.
Supporting sources
A purchaser acquires implied rights to use roads, parking, and other common areas shown on a recorded plat when the conveyance occurs as part of a general plan of development. The deed need not expressly grant the rights if the plan and surrounding circumstances demonstrate intent to benefit all lots. The implied servitude runs with the land for the benefit of each included parcel.
Supporting sources
A zoning ordinance may restrict uses without destroying the right to use the property if some reasonable economic use remains. Total deprivation of all viable uses can constitute a taking requiring compensation. Courts examine whether the regulation leaves any productive right to use the land.
Supporting sources
…of the ordinance and the necessity thereby entailed of conducting burdensome and expensive litigation in order to vindicate the right to use the land for lawful and legitimate purposes; that the ordinance constitutes a cloud upon the land, reduces and destroys its value, and has the effect of diverting the normal industrial,…